IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 7038____
THREE HUNDRED SIXTY ONE DOLLARS
in United States Currency
NOTICE OF PENDING FORFEITURE
NOTICE IS HEREBY GIVEN that the property herein described has been seized for forfeiture and is pending forfeiture to the Olathe Police Department pursuant to the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA), K.S.A. § 60-4101 et seq.
If you have not previously received a Notice of Seizure for Forfeiture, this is notice pursuant to the Act.
The date, place of seizure and description of the property affected by this notice is as follows:
Property Description Date and Place of Seizure
Three Hundred Sixty One Dollars
($ 361.00) June 24, 2018
In United States Currency 1051 W. Dennis
Olathe, Kansas 66061
The denomination of the currency is as follows
One (1) Fifty Dollar Bill ($ 50.00)
Seven (7) Twenty Dollar Bills ($ 140.00)
Eleven (11) Ten Dollar Bills ($ 110.00)
Nine (9) Five-Dollar Bills ($ 45.00)
One (1) Two-Dollar Bill ($ 2.00)
Fourteen (14) One-Dollar Bills ($ 14.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On June 24, 2018. A mother responded to 1051 W. Dennis, Olathe, Johnson County, Kansas to pick up her minor children as their father had been arrested and was unable to transport them. Upon her arrival and based in part upon what was found during the aforementioned arrest, a K-9 Officer who was present had his dog conduct an exterior sniff of her vehicle. The dog alerted to the presence of narcotics inside the vehicle. A search of this vehicle revealed approximately 39 grams of methamphetamine inside of three separate baggies, approximately 5 grams of marijuana, Fifty Eight Dollars United States Currency, and a pipe used to ingest methamphetamine. Various pills determined to be controlled substances were also found. Inside the trunk of the car, Officers located a digital scale commonly used to weigh and package controlled substances for purchase and sale as well as a package of small plastic baggies. A search of a purse inside the vehicle revealed identification for the driver as well as Three Hundred Three Dollars United States Currency.
For these reasons it is believed that the money recovered above is furnished or intended to be furnished by any person in an exchange that constitutes conduct giving rise to forfeiture or used or intended to be used in any manner to facilitate conduct giving rise to forfeiture or proceeds of any conduct giving rise to forfeiture and therefore subject to forfeiture under the Kansas Asset Seizure and Forfeiture statutes.
You are hereby notified that the Plaintiff’s Attorney has chosen to initially proceed with this matter administratively and is making stipulation of exemptions available for the property seized for forfeiture as described above.
You may do any of the following:
(1) File a verified petition for Request for Stipulation of Exemption with the Plaintiff’s Attorney, sending a copy to the Seizing Agency; or
(2) File a verified claim with the Plaintiff’s Attorney and the Seizing Agency; or
(3) Do nothing.
The law also provides for provisional return of the property under certain circumstances including the posting of a surety bond or a court hearing on whether probable cause existed when the property was seized. You may wish to consult with an attorney before deciding what is best for you. However, if no petition or claim is filed within thirty (30) days of personal service, publication, or mailing of this Notice, whichever is earlier, your interest in the property described above will be forfeited. All such requests, petitions and claims shall comply with the requirements for claims as set out in K.S.A. § 60-4111 of the Kansas Standard Asset Seizure and Forfeiture Act.
Dated this __21st____ day of December, 2018.
_/s/ Curt D. Hoover______________
Curt D. Hoover, # 14597
Assistant Municipal Prosecutor
1200 S. Harrison
P.O. Box 768
Olathe, Kansas 66051-0768
(913) 971-7766 facsimile
Contact Person for the seizing agency: Sergeant R. Henson
Olathe Police Department
501 E. 56 Highway